BA Amundsen IDR April 11 Part 3 - Laserfiche WebLink

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August 1, 2019 Ramsey County Court Administration 15 West Kellogg Boulevard Room 170 St. Paul, MN 55102 Court File Number 62-CV-19-4965 Re: In the Matter of the Petition to Remove Brian Amundsen The Honorable John H Guthmann, Your Honor, Thank you for allowing a hearing on the matter of the Mounds View Charter Commission (Commission) Membership and my removal as a commissioner.. I apologize for the lateness of this pre - hearing document. My wife's family from England arrived July IS, the day I received the city's letter without attachments, a long planned visit with us in our home. They just left July 30 causing the delay in this response. I ask the Court to deny the request for removal, dismiss the case, and notify all parties the matter is closed on the basis the request has no statutory basis and facts to support the request. I note for the Court that the request in the cities letter (Letter) dated July 11, 2019 has not listed a statutory reference, and calls the request for removal "unprecedented", The only statutory authority to request a removal is listed in MN Statute 410.05 Subdivision 2, which states: "Any member may be removed at any time from office, by written order of the district court, the reason for such removal being stated in the order. When any member has failed to perform the duties of office and has failed to attend four consecutive meetings without being excused by the commission, the secretary of the charter commission shall file a certificate with the court setting forth those facts and the district court shall thereupon make its order of removal and the chief judge shall fill the vacancy created thereby." The commission secretary has not filed any certificate with the court because the statutory requirements have not been met. in my opinion "at any time" simply means the removal can occur at any time during the duration of a commissioner's term if both abode conditions are met. It does state or imply that removal could be for any reason. I disagree and deny a majority of the statement in the Letter. For example the Letter: • fails to show any criteria existing under 410.05 to require court removal • incorrectly states "full complement of commission members" as a requirement for the commission to function and conduct commission business. • incorrectly states that the Council sets the direction for the commission goals and policy • incorrectly states meeting dates • incorrectly suggests my intent at meetings • incorrectly characterizes public input (all 12 comments support Jonathan Thomas and me remaining on the Commission) • presents incomplete data of Commission membership and reasons for members not re -applying Case File: 62-CV-19-4965 Pagel of 3